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Amid Heightened Enforcement, Congress & DOJ Mull Reforms to FARA Statute & Implementing Regulations

The Foreign Agents Registration Act of 1938 (“FARA” or “the Act”) is a controversial disclosure law that aims to combat covert foreign influence in the United States by promoting transparency with respect to the political, media, and public relations activities of so-called “agents of foreign principals.”1 FARA’s vague statutory language and history of selective enforcement have made the Act a subject of legal controversy for decades; however, until recently, FARA had largely flown under the radar of the business community. Now, FARA is experiencing a renaissance in public interest, media coverage, and governmental concern due, in large part, to a recent surge in enforcement activity from the U.S. Department of Justice (“DOJ”) over the past half-decade. And yet, amid this environment of heightened FARA enforcement, both Congress and DOJ are taking steps to reform the Act and its implementing regulations, respectively. Read more…